요약
The Theft Act 1968 is the principal statute governing dishonesty offences in England & Wales. It replaced the complex and outdated Larceny Act 1916 with a modern, codified framework. The Act defines theft and related offences including robbery, burglary, handling stolen goods, fraud (now largely superseded by the Fraud Act 2006), and blackmail. Its definition of theft in section 1 — 'dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it' — remains one of the most analysed provisions in English criminal law.
핵심 포인트
- Defines theft as dishonest appropriation of property belonging to another with intention to permanently deprive (s.1)
- Appropriation includes any assumption of the rights of an owner (s.3), even with consent (R v Gomez [1993])
- Property includes money, real and personal property, things in action, and other intangible property (s.4)
- Belonging to another includes anyone having possession, control, or any proprietary right or interest (s.5)
- Robbery: theft accompanied by use or threat of force (s.8)
- Burglary: entering a building as a trespasser with intent to steal, inflict GBH, or cause criminal damage (s.9)
- Handling stolen goods: dishonestly receiving or arranging to receive stolen goods (s.22)
- Blackmail: unwarranted demands with menaces (s.21)
편과 조
개정 이력
1978 — Theft Act 1978
Added offences of obtaining services by deception, evading liability by deception, and making off without payment (s.3 — the only section still in force).
1996 — Theft (Amendment) Act 1996
Amended s.15A to add obtaining a money transfer by deception (now superseded by Fraud Act 2006).
2006 — Fraud Act 2006
Repealed the deception offences in the Theft Acts 1968 and 1978 (ss.15, 15A, 16, 20(2)) and replaced them with a general fraud offence.